Foster v. Social Security Administration

Filing 22

ORDER adopting 21 Proposed Findings and Recommended Disposition in their entirety as this Court's findings. Accordingly, 16 Motion to Remand is granted. The Commissioner's decision is reversed and this matter is remanded for further administrative proceedings, consistent with the Proposed Findings and Recommended Disposition. This is a sentence four remand. Signed by Judge Susan Webber Wright on 1/24/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MELISSA FOSTER

V.

PLAINTIFF

CASE NO. 3:16-CV-00105-SWW-JTK

CAROLYN W. COLVIN, Acting Commissioner
Social Security Administration

DEFENDANT

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition received
from Magistrate Judge Jerome T. Kearney. There have been no objections. The Findings and
Recommendations are adopted in their entirety as this Court's findings.
Accordingly, the Commissioner’s motion to remand [ECF No. 16] is GRANTED. The
Commissioner’s decision is reversed and this matter is remanded for further administrative
proceedings, consistent with the Proposed Findings and Recommended Disposition.1 This is a
“sentence four” remand within the meaning of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan,
501 U.S. 89 (1991).
IT IS SO ORDERED this 24th day of January, 2017.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

As explained in the Proposed Findings and Recommended Disposition, the
Administrative Law Judge found that Plaintiff was disabled as of September 30, 2012 but that
medical improvement occurred as of October 1, 2013, such that Plaintiff’s impairments were no
longer disabling. Accordingly, Plaintiff’s disability status for the period September 30, 2012
through October 1, 2013 is not at issue.